Charging Putin with ‘War Crimes’ Could Be Difficult

Charging Putin with ‘War Crimes’ Could Be Difficult

The shocking images and stories out of Bucha and surrounding towns in Ukraine have led to calls for a "war crimes trial" against Russia.

Ukraine President Volodymyr Zelenskyy told the United Nations Security Council on Tuesday that it was the "most terrible war crime" since World War II. He said the Russian military killed civilians² "just for their pleasures." He accused them of shooting men in the back of their heads and raping³ and killing⁴ women in front of their children.

"Anyone who has given criminal orders and carried them out by killing our people will be brought before the tribunal which should be similar to the Nuremberg tribunals," he said.

Earlier on Monday, United States President Joe Biden had also joined leaders around the world in calling for a war crimes trial against Russian President Vladimir Putin. He said Putin was "a war criminal" who should be brought to trial.

But experts warn the path to holding the Russian president and other leaders criminally responsible is long and complex.

Clint Williamson served as a U.S. diplomat⁵ for war crimes issues from 2006 to 2009. He told the Associated Press: "Certainly, the discovery of bodies which bear signs of executions -- such as gunshot wounds to the head -- presents strong evidence of war crimes." He added the actions were not permitted whether those who had been taken prisoner were civilians or soldiers.

Russian officials strongly denied the accusations⁶. Its defense⁷ ministry⁸ said that "not a single civilian¹ has faced any violent action by the Russian military." And Foreign Minister Sergey Lavrov claimed that the images were "staged" to bring anti-Russian feelings.

The New York Times disproved the Russian claims in its study of satellite images provided by Maxar Technologies. The Times reported that at least 11 bodies of those killed in Bucha had been on the street since March 11. Russian troops did not withdraw from the area until March 30.

War crimes investigation⁹

The International Criminal Court, or ICC, has already opened an investigation in March into crimes against civilians in Ukraine. The investigation came after Russian airstrikes hit a hospital for children and pregnant women in Mariupol.

To build a case for war crimes, prosecutors¹¹ must gather evidence to establish the cause and facts of the victims' deaths. They also need to show that the crime happened in an armed conflict, which is the case in Ukraine.

Then comes the more difficult work of establishing who is responsible for the crimes. It could be forces on the ground, military commanders or government leaders.

Andreas Schüller is the program director for International Crimes and Accountability at the European Center for Constitutional and Human Rights in Berlin. He said prosecutors need to look into the chain of command and establish a link to the evidence.

"Documents could be leaked, or witnesses could speak up and disclose internal planning operations," he added.

Building a case against Putin and other Russian leaders will be more difficult. "You've got to prove that they knew or they could have known or should have known," said Philippe Sands. He is a British lawyer and professor at University College London. He warned there is a risk that the trials will involve mid-level people without reaching the top leaders.

Crime of aggression¹²

An easier path would be to charge Russian leaders for the crime of aggression, which is the act of launching a war without cause against another country. However, the ICC has no jurisdiction¹³ over Russia for the crime of aggression because Russia, like the U.S., has not agreed to the treaty. Russia could also veto any attempt in the U.N. Security Council to bring the case to the ICC.

In March, Ukrainian Foreign Minister Dmytro Kuleba and former British Prime Minister Gordon Brown launched a campaign to create a special tribunal to try Russia for the crime of aggression in Ukraine.

The tribunal will need the backing of an international group like the U.N. or a collection of nations. For example, after World War II, the Nuremberg tribunal was established by the U.S., Britain, France, and the former Soviet¹⁴ Union to try Nazi¹⁵ leaders.

Alex Batesmith served as a U.N. prosecutor¹⁰ in Kosovo and Cambodia and is now teaching at the University of Leeds law school. He said the evidence against Russia is very strong. But he added, "there's no way on earth Putin will surrender to the ICC or be arrested and brought to the ICC..."

Last month, ICC prosecutors sought to arrest three Russian generals for possible war crimes in the 2008 war against neighboring Georgia. They have not surrendered so far.

Words in This Story

tribunal – n. a court or forum¹⁶ of justice

stage – v. to create a false scenario¹⁷

prosecutor – n. one who is in charge of the process of pursuing formal charges against an offender¹⁸ to final judgment¹⁹

disclose – v. to make known or public

jurisdiction – n. the power, right, or authority to interpret and apply the law

1 civilian   

adj.平民的，民用的，民众的

参考例句：

• There is no reliable information about civilian casualties.关于平民的伤亡还没有确凿的信息。
• He resigned his commission to take up a civilian job.他辞去军职而从事平民工作。

2 civilians   

平民，百姓( civilian的名词复数 )； 老百姓

参考例句：

• the bloody massacre of innocent civilians 对无辜平民的血腥屠杀
• At least 300 civilians are unaccounted for after the bombing raids. 遭轰炸袭击之后，至少有300名平民下落不明。

3 raping   

v.以暴力夺取，强夺( rape的现在分词 )；强奸

参考例句：

• In response, Charles VI sent a punitive expedition to Brittany, raping and killing the populace. 作为报复，查理六世派军讨伐布列塔尼，奸淫杀戮平民。 来自《简明英汉词典》
• The conquerors marched on, burning, killing, raping and plundering as they went. 征服者所到之处烧杀奸掠，无所不做。 来自互联网

4 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

5 diplomat   

n.外交官，外交家；能交际的人，圆滑的人

参考例句：

• The diplomat threw in a joke, and the tension was instantly relieved.那位外交官插进一个笑话，紧张的气氛顿时缓和下来。
• He served as a diplomat in Russia before the war.战前他在俄罗斯当外交官。

6 accusations   

n.指责( accusation的名词复数 )；指控；控告；（被告发、控告的）罪名

参考例句：

• There were accusations of plagiarism. 曾有过关于剽窃的指控。
• He remained unruffled by their accusations. 对于他们的指控他处之泰然。

7 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

8 ministry   

n.(政府的)部；牧师

参考例句：

• They sent a deputation to the ministry to complain.他们派了一个代表团到部里投诉。
• We probed the Air Ministry statements.我们调查了空军部的记录。

9 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

10 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

11 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

12 aggression   

n.进攻，侵略，侵犯，侵害

参考例句：

• So long as we are firmly united, we need fear no aggression.只要我们紧密地团结，就不必惧怕外来侵略。
• Her view is that aggression is part of human nature.她认为攻击性是人类本性的一部份。

13 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

14 Soviet   

adj.苏联的，苏维埃的；n.苏维埃

参考例句：

• Zhukov was a marshal of the former Soviet Union.朱可夫是前苏联的一位元帅。
• Germany began to attack the Soviet Union in 1941.德国在1941年开始进攻苏联。

15 Nazi   

n.纳粹分子，adj.纳粹党的，纳粹的

参考例句：

• They declare the Nazi regime overthrown and sue for peace.他们宣布纳粹政权已被推翻，并出面求和。
• Nazi closes those war criminals inside their concentration camp.纳粹把那些战犯关在他们的集中营里。

16 forum   

n.论坛，讨论会

参考例句：

• They're holding a forum on new ways of teaching history.他们正在举行历史教学讨论会。
• The organisation would provide a forum where problems could be discussed.这个组织将提供一个可以讨论问题的平台。

17 scenario   

n.剧本，脚本；概要

参考例句：

• But the birth scenario is not completely accurate.然而分娩脚本并非完全准确的。
• This is a totally different scenario.这是完全不同的剧本。

18 offender   

n.冒犯者，违反者，犯罪者

参考例句：

• They all sued out a pardon for an offender.他们请求法院赦免一名罪犯。
• The authorities often know that sex offenders will attack again when they are released.当局一般都知道性犯罪者在获释后往往会再次犯案。

19 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。